DOMESTIC VIOLENCE : PREVENTION & PROTECTION (PART 2)

Government of the Peoples Republic of Bangladesh, Ministry of Women and Children Affairs

Notification

SRO No. .- The power vested upon the government according to the section 37 of the Domestic Violence (Prevention and Protection) Act, 2010 (Act 58 of 2010), the government hereby published the following act:-

English Version of the Domestic Violence (Prevention and Protection) Act, 2010 [Act 58 of 2010]

Chapter-Three
Duties and Responsibilities of Police Officer, Enforcement Officer and Service Provider, etc.

4. Duties and responsibilities of Police Officer.- A Police Officer, who has received a complaint of domestic violence or is otherwise present at the place of an incident of domestic violence or when the incident of domestic violence is reported to him or her, shall inform the victim-

(a) of her right to make an application for obtaining a relief by way of any orders under this Act;
(b) of the availability of medical services;
(c) of the availability of services of the Enforcement Officers;
(d) where applicable, of her right to free legal services under the Legal Aid Act, 2000 (Act 6 of 2000);
(e) of her right to file a complaint under any other existing law; and
(f) other duties and responsibilities prescribed by the government in this behalf.

5. Appointment of Enforcement Officer.-

(1) For the purpose of this Act, the Government shall, by notification in the official gazette, appoint one or more Enforcement Officers in each upazila, thana, district or in a metropolitan area and shall also notify the area or areas within which an Enforcement Officer shall exercise the powers and functions conferred on him or her by or under this Act.

(2) The terms and conditions of service of the Enforcement Officer shall be such as may be prescribed rule.

6. Duties and responsibilities of Enforcement Officer.-

(l) The Duties and Responsibilities of Enforcement Officer shall be asfollows:-

(a) to assist the court in discharge of its functions under this Act;

(b) to provide report to the court regarding domestic violence;

(c) to forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction the domestic violence is alleged to have been committed;

(d) to make an application to the Court, if the victim so desires, claiming relief for issuance of a protection order;

(e) to take necessary steps so that the victim is provided legal aid under the Legal Aid Act 2000 (Act 6 of 2000), and make available the application form along with other facilities free of cost;

(f) to maintain a list of all legal aid and human rights organization or psycho-social counseling services, shelter homes and medical facilities within the jurisdiction of the Court;

(g) to refer the victim to a safe shelter home if the victim so requires and forward a copy of a report of having lodged the victim in a shelter home to the police station and the Court having jurisdiction in the area where the shelter home is situated;

(h) to refer the victim for medical examination if required and forward a copy of the medical report to the police station and the Court having jurisdiction in the area where the domestic violence is alleged to have taken place;

(i) to ensure that the order for compensation is executed; and

(j) to perform such other duties as may be prescribed by rules.

(2) The Enforcement Officer shall be under the supervision of the Court, and shall perform the duties and responsibilities imposed on him/her by the Government or by the Court under this Act

7. Service provider and their duties and responsibilities.-

(1) Subject to the provisions of this Act and rules framed under it, any voluntary association registered under the Societies Registration Act, 1860 (Act XXI of 1860), or the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961( Ordinance XLVI of 1961) or a nonprofit company or organization registered under the Companies Act, 1994 (Act 18 of 1994), or any non- profit organization or institution registered at NGO Affairs Bureau under Foreign Donations (Voluntary Activities) Regulation Ordinance,1978 (Ordinance XLVI of 1978),any other organization approved by the Government under any other law for the time being in force with the objective of inter alia protecting the human rights especially the rights and interests of women and children by any lawful means including providing of legal aid, medical, financial or other assistance shall be treated as a service provider for the purposes of this Act.

(2) Duties and responsibilities of a service provider shall be as follows:-

(a) record the domestic incident report in the prescribed form if the victim so desires and forward a copy thereof to the Court and the Enforcement Officer having jurisdiction in the area where the domestic violence took place;

(b) refer the victim for medical examination and forward a copy of the medical report to the Enforcement Officer and the police station within the local limits of which the domestic violence took place;

(c) refer the victim to a shelter home, if she so requires and forward a report of the lodging of the victim in the shelter home to the police station within the local limits of which the domestic violence took place.

(d) perform such other duties and responsibilities as may be prescribed by rules.

8. Duties of shelter homes.- On request by a victim or on her behalf, a police officer, an Enforcement Officer or any other person, the authority responsible for a shelter home shall provide shelter to the victim therein.

9. Duties of medical service provider.- On request by a victim or on her behalf, a police officer, an Enforcement Officer, a service provider or any other person, the person incharge of the medical facility in the hospital, clinic or medical centre shall provide medical aid to the victim.